Agents and possession notices and legal proceedings

Agents can validly serve possession and other notices on behalf of their landlords.

Also a notice to quit served on a landlord's agent by a tenant will normally be considered validly served.

Although they can deal with the notice element of recovering possession, agents should not initiate legal proceedings on behalf of landlords without their knowledge. Also, agents are not entitled to sign claim forms for possession proceedings even if they hold power of attorney. Only litigants or their solicitors are able to sign these. The fact that a claim form is signed by a letting agent is a common reason for the rejection of claims by the county court.

Frequently, agents will offer landlords the opportunity to take out legal expenses insurance. If the landlord decides not to take advantage of this, or if it is not offered, then although the agent may assist him by recommending and liaising with suitable solicitors, it is generally best for the landlord to deal with any court proceedings which may arise himself. Even if he wishes to delegate much of this to the agent to deal with, it is prudent to keep aware of what is happening as he will be potentially liable to the other party (for example for costs) if the claim is not successful.